MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON FEBRUARY 5, 2001

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Those present were: Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Charlie Messer, Commissioner Don Ward, County Manager David E. Nicholson, Acting County Attorney Jennifer O. Jackson, and Clerk to the Board Elizabeth W. Corn.

Also present were: Public Information Officer Chris S. Coulson, Planning Director Karen C. Smith, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Finance Director J. Carey McLelland, County Engineer Gary Tweed, Assistant to the Manager/Budget Analyst Selena Coffey, and Assessor Robert D. Baird. Amy Brantley, Volunteer Coordinator, was present through the Nominations.

CALL TO ORDER/WELCOME

Chairman Moyer called the meeting to order and welcomed those in attendance.

PLEDGE OF ALLEGIANCE

Commissioner Ward led the Pledge of Allegiance to the American Flag.

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer informed those in attendance that, according to the Board=s Rules of Procedure, public input would be allotted no more than 20 minutes.

Commissioner Hawkins added one item - AReport on Joint Facilities Meeting@. It was added as AF-2" under Staff Reports. He also added AWaterline Extensions@ as AF-3".

Commissioner Gordon asked to add one item - AResource Inventory on Health Issues@ which was added as AF-4".

Chairman Moyer added as AF-5" - ACitizens Information Workshop with respect to I-26".

Commissioner Ward made the motion to approve the agenda as adjusted. All voted in favor and the motion carried.

CONSENT AGENDA

Commissioner Hawkins asked to pull the following from the consent agenda for discussion:

C September 20, 2000 minutes

C Item AH@ - Request for Extension of Improvement Guarantee for Meadow Woods, Phase I - The Housing Assistance Corporation, Applicant.

Jennifer Jackson asked to pull:

C Item AI@ - Request to Change Form of Improvement Guarantee for Cliffs Valley North, Phase III - Cliffs at Glassy, Inc., Applicant.

Chairman Moyer made the motion to approve the Consent Agenda except for the above three items. All voted in favor and the motion carried. The Consent Agenda consisted of the following:

Minutes for approval:

The Board was given copies of minutes of the following meetings for review and approval:

October 18, 1999, special called meeting

June 21, 2000, regular meeting

July 24, 2000, special called meeting

January 18, 2001, special called meeting

Lease of Propety Adjacent to Broadpointe Center

Since April of 1997 the Board had, on an annual basis, approved a lease to Carland Farms, Inc. of approximately 28 acres of property located adjacent to Broadpointe Center. A map of the area was presented for the Board=s information. The most recent lease was effective from January 1, 2000 through December 31, 2000 and allowed Carland Farms, Inc. to continue to farm land it has farmed for years.

Wayne Carland requested that the Board consider leasing the tillable land to Carland Farms, Inc. from January 1, 2001 through December 31, 2001 for a rental amount of $1,834.00. As the plans for the park areas on this property have not been finalized to this point that development of the park areas will begin during calendar year 2001. Staff recommended that the Board lease the property to the Carlands as outlined in the proposed lease. The lease agreement that was proposed was substantially similar to the current lease executed by the County and Carland Farms, Inc.

Pursuant to NCGS 160A-272 (made applicable to counties by NCGS 153A-176) the County may adopt a resolution authorizing the execution of a lease agreement, such as the one proposed, without public notice. A draft resolution was presented for the Board=s consideration.

Staff requested the Board adopt the resolution.

Henderson County Financial Report

The December 2000 County Financial Report was presented for the Board=s consent approval.

Henderson County Public Schools Financial Report - December 2000

The December 2000 Financial Report was presented for the Board=s consent approval.

Certified Resolution for Depository Authorization

The County uses a dual signature system whereby the Chairman of the Board and the Finance Director sign all checks. First Union National Bank, our current depository institution, requires that a resolution be approved by the Board of Commissioners authorizing the persons listed to sign or endorse checks or other forms of payment on behalf of the County. Staff presented the resolution for the Board=s review and approval.

2000 LEPC Annual Report

A copy of the Henderson County Local Emergency Planning Committee 2000 Annual Report was submitted for information purposes only.

Property Addressing Report

The Property Addressing Report for the month of January 2001 was presented for the Board=s information only.

Request for Extension of Improvement Guarantee and Reduction of Improvement Guarantee for High Vista Falls, Phase III - K & M Development Resources, Inc., d/b/a Development Associates, LLC

In April of 1999, the Board of Commissioners granted approval for K&M Development Resources, Inc., d/b/a Development Associates, LLC (hereinafter referred to as Adeveloper@) to post an Irrevocable Letter of Credit in the amount of $249,839.00 as an improvement guarantee for High Vista Falls, Phase III. The Performance Guarantee Agreement for the improvement guarantee, executed on April 7, 1999, required that the water, sewer, road and drainage improvements in High Vista Falls, Phase III, be completed by January 18, 2000. In May of 1999, the County released a portion of the Letter of Credit, in the amount of $67,876.25, because the developer had completed some of the improvements. The developer then submitted an amended Letter of Credit in the amount of $182,124.75.

In January of 2000, the developer requested that the Board of Commissioners grant an extension of the completion date for the improvements in High Vista Falls, Phase III. The Board of Commissioners approved the extension request. The Performance Guarantee Agreement executed for the extension required that developer complete the improvements by January 18, 2001 and that the developer submit an amended Letter of Credit, in the amount of $182,124.75, which expired no later than 60 days after the new completion date.

Mr. Robert J. Duffy, Jr., agent for the developer, had submitted a request for another extension of the completion date. According to Mr. Duffy=s letter and a letter from William G. Lapsley, P.E., the improvements in High Vista Falls, Phase III, are complete, however the developer is awaiting final acceptance of the water distribution system by the City of Hendersonville and a final engineering certification of the water distribution system. The Planning Director had confirmed that the improvements required under the previous Performance Guarantee Agreements appear to have been completed. Because the improvements are complete, the developer had also requested that the County release all but $50,000.00 of the improvement guarantee. The $50,000.00 is intended to cover any expenses that may remain.

The letter from Mr. Duffy proposes a new completion date of April 25, 2001. The Planning Director previously informed Mr. Duffy that the Board of Commissioners could not extend the completion date beyond April 25, 2001, because the former Land Development Ordinance (which applies to the project) established a two-year maximum time frame for completion of improvements. However, the April 25, 2001 date is not correct. Since then, the Planning Director has informed Mr. Duffy that April 7, 2001, is the last possible date for completion of the improvements because the original Agreement for the improvement guarantee was executed on April 7, 1999.

A draft Performance Guarantee Agreement for High Vista Falls, Phase III, was presented for the Board=s review. The Agreement reflects both the request for a new completion date and the request for a reduction in the amount of the improvement guarantee. If the requests are approved, the developer must submit an amended Letter of Credit, in the amount of $50,000.00, that expires no less than 60 days after the new completion date. The Assistant County Attorney must review the amended Letter of Credit and certify the Agreement as to form prior to its execution by the Chairman of the Board of Commissioners and the developer.

David Nicholson explained that the extension, if granted until April 7, 2001, is the final one that the Board of Commissioners may grant for the High Vista Falls, Phase III, project. Since the improvements are complete, except for a few remedial items, he recommended that the Board approve one final extension of the completion date for the improvement guarantee for High Vista Falls, Phase III, to April 7, 2001, subject to: (1) the developer submitting an amended Letter of Credit, in the amount of $50,000.00, with an expiration date no less than 60 days after the April 7, 2001 completion date and (2) the Assistant County Attorney reviewing the amended Letter of Credit.

Discussion of Items pulled from the Consent Agenda:

September 20, 2000 Minutes

Commissioner Hawkins raised a question on page eight of the minutes which was answered to his satisfaction by staff. Commissioner Hawkins then made the motion that the September 20, 2000 minutes be approved as presented. All voted in favor and the motion carried.

REQUEST FOR EXTENSION OF IMPROVEMENT GUARANTEE FOR MEADOW WOODS, Phase I - The Housing Assistance Corporation, Applicant

On July 3, 2000, the Board of Commissioners granted approval for The Housing Assistance Corporation (HAC) to post a surety performance bond in the amount of $25,000.00 to guarantee completion of road improvements for a portion of Forest Bend Drive and all of Stella Lane in Phase I of Meadow Woods Subdivision. The Performance Guarantee Agreement for the improvement guarantee required that HAC complete the improvements by December 31, 2000.

Mr. Steve Bond, on behalf of The Housing Assistance Corporation (HAC), had submitted a letter requesting the completion date for the improvements be extended from December 31, 2000, to September 30, 2001. According to Mr. Bond=s letter, weather conditions between October and December of 2000 prevented HAC from having the roads paved.

Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners, upon proof of difficulty, to grant an extension of an improvements completion date for up to one additional year, provided that the time between initiation and completion of the improvements does not exceed two years. If the Commissioners grant the extension requested by HAC, the time period between execution of the original Performance Guarantee Agreement and the proposed completion date of September 30, 2001, will be within the two-year maximum.

A draft Performance Guarantee Agreement, which reflects the new completion date requested by HAC, was presented for the Board=s review. When the extension request is approved, HAC must submit a revised surety performance bond that expires no less than 60 days after the new completion date. The Assistant County Attorney must review the revised bond and certify the Agreement as to form prior to its execution by the Chairman of the Board of Commissioners and representatives of HAC.

The County Manager commented that the extension, if granted, would not cause Housing Assistance Corporation to exceed the two-year maximum time period for completion of the required improvements. Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for Meadow Woods, Phase I, to September 30, 2001, subject to the Developer submitting an amended surety performance bond that expires no less than 60 days after the new completion date and subject to the Assistant County Attorney reviewing the amended surety performance bond.

Commissioner Hawkins asked some questions of staff and of Steve Vaughn from Housing Assistance Corporation.

Following discussion Chairman Moyer made the motion to approve this Improvement Guarantee extension. All voted in favor and the motion carried.

Request to Change Form of Improvement Guarantee for Cliffs Valley North, Phase III - Cliffs at Glassy, Inc., Applicant

In November of 1999, the Board of Commissioners approved a request by The Cliffs at Glassy, Inc., to post an irrevocable letter of credit as a guarantee for road and drainage improvements in Cliffs Valley North, Phase III. Cliffs Valley North is a subdivision located on US 25 South, at the North Carolina/South Carolina state line.

Under the original Performance Agreement for the improvement guarantee, the completion date for the required improvements is November 1, 2001. On January 3, 2001, the County Manager authorized a partial release of the letter of credit, in the amount of $220,527.50, because the developer had completed a majority of the improvements. With the partial release, the amount remaining on the improvement guarantee is $3,500.00. In lieu of having the irrevocable letter of credit amended to reflect the partial release, the developer had requested that the County allow it to replace the remaining amount on the letter of credit with a certified check. Section 170 of the Subdivision Ordinance allows a developer to deposit a certified check with the County as an improvement guarantee.

A draft Performance Agreement was presented in the event that the Board of Commissioners approve the change in the form of the improvement guarantee. The draft Agreement requires that the developer deposit a certified check, in the amount of $3,500.00, with the County.

David Nicholson explained that Board action to approve the request by the developer to change the form of the improvement guarantee for Cliffs Valley North, Phase III, from an irrevocable letter of credit to a certified check would be appropriate.

Jennifer Jackson informed the Board that there were a couple of paragraphs that did not get included in the agreement, that she felt should be included. They had to do with the treatment of the cash deposit. She proposed two changes:

1. In paragraph #2 of the agreement - add to the end Aset amount to guarantee completion of said improvements by the required date@.

2. Add a paragraph 2-a in order not to have the paragraphs out of order, that would read AHenderson County will deposit and hold the monies in an interest bearing account with all interest accruing to the developer upon the condition that all required improvements be completed by the required date. In the event that the improvements are completed as required, the monies and all accrued interest will be returned to the developer. In the event that the improvements are not completed as required then the developer shall be in breech of this agreement and the performance guarantee and the monies and all accrued interest shall be forfeited by the developer and shall be used by Henderson County to complete the required improvement.@

Chairman Moyer moved approval of the Improvement Guarantee for Cliffs Valley North with the changes recommended by Attorney Jackson. All voted in favor and the motion carried.

NOMINATIONS

Chairman Moyer reminded the Board of the following vacancies and opened the floor to nominations:

1. Nursing/Adult Care Home Community Advisory Committee - 6 vacancies

There were no nominations at this time so this item was rolled to the next meeting.

2. Mountain Area Workforce Development Board - 1 vacancy

There were no nominations at this time so this item was rolled to the next meeting.

3. Land-of-Sky Regional Council Advisory Council on Aging - 1 vacancy

There were no nominations at this time so this item was rolled to the next meeting.

4. Juvenile Crime Prevention Council - 2 vacancies

Chairman Moyer stated that Commissioner Messer had indicated an interest in serving on this Board. Chairman Moyer nominated Commissioner Messer to be the Board=s representative. All voted in favor of Commissioner Messer representing the Board on JCPC. One vacancy remains.

5. Fire and Rescue Advisory Committee - 1 vacancy

There were no nominations at this time so this item was rolled to the next meeting.

6. Equalization and Review - 2 vacancies

Commissioner Hawkins nominated Bill Ferrell for reappointment. Commissioner Hawkins made the motion to suspend the rules and appoint Mr. Ferrell by acclamation. All voted in favor and the motion carried.

7. Retired Senior Volunteer Program Advisory Council - 1 vacancy

There were no nominations at this time so this item was rolled to the next meeting.

8. Hendersonville Zoning Board of Adjustment - 1 vacancy (ETJ)

Chairman Moyer had received a letter from Hendersonville Mayor Fred H. Niehoff, Jr. requesting that the Commissioners appoint Mr. Spence Campbell for one of the County=s vacancies on this Board. The City Zoning Board of Adjustment needed this appointment so that the Board of Adjustment would have a quorum for the next meeting on February 8, 2001. Mr. Nicholson informed the Board that no prior notice had been given to them about this vacancy because the City had failed to advise us of that vacancy. Phyllis Rogers resigned to the City but did not contact the County. According to the City=s records, this vacancy has existed since last September.

Commissioner Ward nominated Spence Campbell for position #2. Commissioner Ward made the motion to suspend the rules and appoint Mr. Campbell. All voted in favor and the motion carried.

The City=s records show two vacancies on the City Zoning Board of Adjustment. There has been a question of whether Mr. Hatley qualified to serve due to his residency. Mr. Hatley wrote the Commissioners a letter and it has been faxed to the City. Mr. Hatley=s residency has not been confirmed as yet so we=re not sure that there is a second vacancy.

TAX COLLECTOR=S REPORT OF UNPAID TAXES THAT ARE LIENS ON REAL

PROPERTY PURSUANT TO NCGS 105-369(a)

Tax Collector Terry Lyda read his annual report required by N.C.G.S. 105-369(a) concerning the current year=s collections and documentation regarding the percentage of property tax collection (a copy of which is attached and made a part of these minutes).

A request was made to the Commissioners to allow the Tax Collector to continue using the present schedule regarding tax lien advertisement.

A brief presentation regarding legislative changes made to the annual tax lien advertisement was made by Deputy Tax Collector, Darlene Burgess.

Chairman Moyer made the motion to adopt the recommendation from the Tax Collector and approve unpaid tax liens being advertised once, on May 22, 2001. All voted in favor and the motion carried.

The report from the Deputy Tax Collector, Darlene Burgess, was also presented. The report gave the status of delinquent tax collections for years 1991 through 1999 and gave a summary of the steps that had been taken to collect unpaid property taxes.

COUNTYWIDE GEOGRAPHICAL INFORMATION SYSTEMS (GIS)

County Assessor Robert D. Baird gave a presentation on the GIS study submitted by C. M. Wester and Associates, Inc. for expanding GIS capabilities for the County and its municipalities. The analysis and recommendations of the study were based on the required tasks and activities involved in the preparation of that report.

C Identified the specific needs and solutions for each user department with respect to a GIS/Land Records Management System in Henderson County.

C Identified desirable performance criteria of a GIS/Land Records Management System, including both hardware and software requirements.

C Identified a nationally recognized software package that addresses the needs and performance criteria identified and acceptable to all users.

C Gave time frames necessary to implement the hardware/software identified, including identification of a vendor, negotiation of a contract, purchase, installation and training of the user groups.

C Gave time frames necessary to implement the solutions identified to meet the needs of each user department.

Mr. Baird explained that GIS stands for geographical information system and it=s all automated. A geographic information system is the relationship between items on the face of the earth. Those items are man-made objects such as roads and buildings, natural features such as rivers, ridge lines, tree boundaries, open land, cultivated land, etc. Tabular data is associated with it.

Mr. Baird reviewed the time line and costs and answered questions. He distributed the ACountywide GIS Study Summary Report for Henderson County@ prepared by C.M. Wester & Associates, Inc.

David Nicholson stated that this is a major conversion project and will require a lot of training for a lot of staff. Eventually this can all be done wireless. He explained that several county departments will utilize GIS data: Inspections, Planning, Environmental Health, County Engineer, Utility Department, Fire Marshal and Information Technology. The following departments will use ArcView or MapView in a query mode: Board of Elections, Board of Education, Parks and Recreation, Soil and Water, Division of Cooperative Extension, Tax Collector, Sheriff, and County Attorney. At least one additional staff person will be required in the Information Technology Dept. The learning curve on GIS and Central Permitting will require significant support. Additionally, these softwares and the network they operate on will require routine maintenance.

Mr. Nicholson felt that $250,000 to $300,000 will be needed in next year=s budget for the GIS project.

This was a status report, no action was required. Robert Baird will be back at the mid-month meeting with more information after the Board has had a chance to review the hand-out from this meeting.

INFORMAL PUBLIC COMMENTS

1. Charles R. Mason - Mr. Mason distributed his 2.5 page (typed) statement (as well as attachments) which he read. He spoke in opposition to the proposed Pace/Tarhill Paving Asphalt Plant location. He requested the Board reconsider their decision to not support a moratorium. He also urged the Commissioners to help the city expedite the ETJ extension project.

2. Janet Stewart - Ms. Stewart informed the Board that members of CAAP (Citizens Against the Asphalt Plant) were invited by Senator Dan Robinson to attend the State=s Senate Select Committee on Air Quality and some of them spoke there. They learned several new facts at that meeting:

1. Western NC air quality is second only to Los Angeles as far as being the worst in the nation.

2. A Harvard School Public Health Study showed that the City of Asheville ranked sixth out of 272 metropolitan area communities for chances of dying of air pollution.

3. The New England Journal of Medicine in their December 12 issue documented in a study that people had premature deaths from the particulate matter at levels far below the EPA standards which are the State standards also.

She stated that two other counties in NC are fighting asphalt plants, Cherokee and McDowell, both in western North Carolina. Cherokee County has enacted a moratorium for one year on asphalt plants to study the impact on their county. In McDowell County they voted to have the public hearing towards a moratorium.

She stated that it is predicted that the property values within one mile of the asphalt plant will drop 15%-50%, depending on how close you are to the plant.

Ms. Stewart stated that the property appraisals within a one mile radius of the proposed asphalt plant equal $247,000,000.00.

3. Eva Richey - Ms. Richey stated that we are at the saturation point in Western N.C. where we have code orange alerts every 4 days, we have filthy air in the summertime that you can actually see.

All three speakers asked the Board to enact a moratorium.

PUBLIC HEARING - Proposed Amendments to S200-27, S200-33, S200-36, and S200-70 of the Henderson County Zoning Ordinance (Amendment #TX-01-01)

Commissioner Hawkins made the motion for the Board to go into Public Hearing. All voted in favor and the motion carried.

Karen Smith reminded the Board that they had scheduled for this date a public hearing on three proposed amendments to the Henderson County Zoning Ordinance. The Henderson County Planning Board decided to initiate the amendments on January 3, 2001, based on a preapplication conference with Rex Todd, of Regency Development Associates, Inc., for a project at the old East Flat Rock Elementary School.

The first amendment, to Section 200-33 of the Zoning Ordinance, would change the minimum acreage required to apply for a Special Use Permit for a Planned Unit Development from 5 contiguous acres to 1.5 contiguous acres. The second amendment, to Section 200-27, would add R-A Residential Apartment Developments as a Special Use in the C-2P (Preservation Neighborhood Commercial) district and would add references to the C-2P district to Section 200-36, R-A Residential Apartment Development.

The third amendment is one that the Planning Board had recommended previously as part of the Open Use Zoning proposal and as part of the draft of the Zoning Ordinance Rewrite. The amendment, to Section 200-70, Powers and Duties of the Board of Commissioners, would give the Board of Commissioners the authority to grant a variance related to a Special Use Permit application while considering the Special Use Permit application. The Planning Board sent favorable recommendations on the proposed amendment to Section 200-70 on January 5, 2000 and October 30, 2000.

On January 3, 2001, the Planning Board voted unanimously to send the Board of Commissioners a favorable recommendation on the amendments regarding Sections 200-33, 200-27, and 200-36 and to ask the Board of Commissioners to consider the amendment previously recommended by the Planning Board regarding variances in Section 200-70. The proposed amendments, and the reasons for them, were described in more detail in the material distributed to the Board.

Mrs. Smith stated that the hearing was advertised in accordance with Section 200-76 of the Henderson County Zoning Ordinance and State law, notices of the public hearing were published in the January 24, 2001 and January 31, 2001 editions of the Times-News.

Public Input

There was none.

Commissioner Ward made the motion for the Board to go out of Public Hearing. All voted in favor and the motion carried.

Commissioner Ward made the motion to approve the proposed amendments as presented. Following some discussion a vote was taken and the motion passed unanimously.

CLOSED SESSION

At approx. 7:28 p.m., Chairman Moyer called a short recess and made the motion that the Board go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reason(s):

1.(a)(1) To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson County Code.

2.(a)(5) To establish, or to instruct the public body=s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.

All voted in favor and the motion carried.

Chairman Moyer informed those in attendance that the Board would be back in session in approximately a half hour.

Chairman Moyer made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried. At 8:00 p.m., Chairman Moyer called the meeting back to order.

SERVICE PROVIDER FOR DIGITAL ORTHO PHOTOGRAPHY FOR HENDERSON COUNTY

County Assessor Robert D. Baird informed the Board that four vendors had been considered for the Digital Ortho Photography for Henderson County. His recommendation for the service provider was Analytical Surveys, Incorporated (ASI). Mr. Baird requested the Board to engage in a contract with ASI for this service.

A notebook was distributed to the Board of all the information regarding staff=s recommendation. Mr. Baird reviewed the criteria he used to narrow down the selection.

Chairman Moyer asked Attorney Jackson if the process Mr. Baird had followed was in accordance with the law.

Mrs. Jackson raised one concern, stating that Mr. Baird went through a request for qualifications process but he did not advertise for such. He decided that he wished to exempt the project from those requirements. She was not sure who has the authority to do so, it is normally something that the Board of Commissioners would have done in advance of the project getting started. She stated that she believed the Board of Commissioners, if they wish to consider exempting the project, could do so in a retroactive fashion by adopting a resolution to do so. She can present the Board with a resolution at the next Board meeting to that effect.

Some budgetary questions were asked and David Nicholson reminded the Board that two budget years ago the original budget was $150,000. The Board put $50,000 in the budget for this project the first year, then $80,000 for the second year. (Last year staff had to inform the Board that $150,000 would not be enough to do the project and put $80,000 in the budget for the project last budget year, the second year). He anticipated needing to put $120,000 in the budget this year to complete the project.

There was some discussion regarding the short window for getting the photos done (by flight) as being mid-February to mid-March. We have to get the panels on the ground, scheduled to begin February 8 through February 13. That is a contracted service. Likely the area will be flown and the photography captured between February 13 and February 21. That is a contracted service also.

All the new information will be totally compatible with the G.I.S. System.

Following discussion, it was decided that the Board had budgeted $210,000 and would like the company to do it for $210,000. The Board would like to see this negotiated for the budgeted price.

Following much discussion, Chairman Moyer made the motion to approve the selection of ASI as the county service provider for digital ortho photography and waive the requirement to provide public notice or if our County Attorney concludes that Mr. Baird=s waive is satisfactory that it be approved by the Board. All voted in favor and the motion carried.

It was the consensus of the Board to approve phase I, step I prior to the signing of the contract. Chairman Moyer made the motion to proceed with phase I and authorize Attorney Jackson to negotiate the contract and bring it back, hopefully at a cost of $210,000. All voted in favor and the motion carried.

NCACC LEGISLATIVE GOALS

Commissioner Messer gave an update to the Board of the NCACC=s recent Legislative Goals. He and Chairman Moyer had attended the Legislative Goals Conference in Raleigh. A summary of the goals approved on January 12, 2001 was presented which included:

Taxation and Finance

Seek legislation to provide for an additional local option sales tax, subject to a local referendum, with county proceeds to be used for school construction or retirement of school construction debt.

Public Education

Support legislation to authorize a thorough study of the Low Wealth Counties Supplemental Public School Fund and the level of state funding necessary to define and support an adequate basic education in all local school systems.

Human Resources

Seek legislation to phase out county cost-sharing in the Medicaid program with the first year phase out based on Tier I counties cost-sharing 1%, Tier 2 counties cost-sharing 2%, Tier 3 counties cost-sharing 3%, Tier 4 counties cost-sharing 4%, and Tier 5 counties cost-sharing 5%, without detriment to other local programs or services.

Criminal Justice

Planning, Development and Land Use

General Government.

Commissioner Messer stated that well over half the time was spent on the first goal he reviewed, taxation and finance.

Henderson County tried to get one goal adopted, setting a time limit for landfill applications. They were given about 30 seconds to present their case. It was passed on to the full Board for consideration.

TREND BOARD MEMBERSHIP

By way of letter dated December 13, 2000, TREND had brought to the County=s attention some apparent irregularities with respect to the membership on the TREND Board. In summary, the 1975 Resolution creating the TREND area Mental Health Board (codified in Chapter 500 of the Henderson County Code) limits the membership to 10 Henderson County residents and 5 Transylvania County residents. The actual membership on the TREND Board, however, has exceeded that limitation and documentation authorizing an increase in the membership has not been located.

The letter requested that Henderson County and Transylvania County adopt resolutions which revise the membership provision for the TREND Board. The membership changes as requested can only be accomplished with concurrent resolutions adopted by each Board of Commissioners.

In order to correct the irregularities and be in compliance with NCGS 122C-118, the County proposed a draft resolution which would ratify the current membership on the TREND Board (12 Henderson County members, 6 Transylvania County members) and add an additional 3 members (2 Henderson County members, 1 Transylvania County member) to the Board. This maintains the original 2 to 1 ratio of Board membership. Such a resolution was adopted by the Transylvania County Board of Commissioners on January 22, 2001 and was presented at this time to this Board for consideration.

Should the Board adopt the proposed resolution, vacancies would be created which, as prescribed by law, would be filled by the Board of Commissioner representative on the TREND Board.

The County Manager recommended that the Board take action to adopt the proposed resolution in order to prevent the membership irregularities from continuing.

Following discussion, Commissioner Ward made the motion to adopt the proposed Resolution as presented. All voted in favor and the motion carried.

UPDATE ON PENDING ISSUES

LGCCA Update

Chairman Moyer distributed a hand-out (which I did not get a copy of) and reviewed it. Recently Chairman Moyer and the Mayors got together to discuss the future of LGCCA, whether or not to continue with them. The decision was unanimous to continue with the meetings and basically follow the same ground rules that had in the past, i.e. that they would pick up where they left off with the agendas. One major thing they will begin with as an agenda item is ASmart Growth@ report which will be covered at the meeting on February 20, 2001, 3:00 - 5:00. Chairman Moyer was not sure of the location but felt it would be at Blue Ridge Community College again, where they met before. Then they will touch on Water & Sewer and how that ties into Smart Growth. He has asked Commissioner Gordon to attend with him. They will try to meet monthly. He will try to get the information out to the Board prior to each meeting. He will bring back the recommendations of the Smart Growth Commission so that this Board can decide how to move forward.

Waterline Extensions

Commissioner Hawkins referred to a letter dated January 22, which was a response to the City Manager dealing with waterline extensions. In the letter he indicated that he will provide response to all waterline extensions in the future. For many years the City of Hendersonville has extended waterlines wherever they wished. There is growth that follows waterlines and hopefully at some point, sewer lines follow it.

Commissioner Hawkins asked for some kind of review policy which would have a formal response back to the City of Hendersonville when they make the waterline extension requests. It might just be in the Board=s consent agenda but he felt that the Board should be reviewing them. He had one concern which was at what interval fire hydrants are placed. This has a dramatic impact on our volunteer fire departments.

Henderson County has been receiving the requests, David and the Chairman have been reviewing them as well as certain staff members and David has developed a procedure.

First of all, staff review is done by Karen Smith, Rocky Hyder and David Nicholson. If it is more than 50 units and more than a half mile in length, it goes to the Board of Commissioners for their comments. If it is under that, then no response has been made. At the bottom of the form it had stated that if you have no negative comments then no response is necessary.

One of the last requests was Clear Creek Elementary School, running water to the new Clear Creek School site. It had already been through our approval process and we were pretty aware of that one so Mr. Nicholson did not respond. The City Council asked for a formal response from the County on every single request, which was a change in their procedures. Many times the turn around is very short.

Mr. Nicholson and staff will develop a procedure, check list or something so that the Board of Commissioners gets to see all these requests. He will bring that back to the Board.

Report on Joint Facilities Meeting

Commissioner Hawkins updated the Board on the most recent Joint Facilities Meeting. He will get the minutes to the Commissioners within a couple of weeks.

He stated that we were successful in negotiating our COPS loan at $16,000,000.00. Henderson County now has an increased bond rating of AA which is a good thing. The bottom line means that you are able to borrow money and it costs you less money, resulting in a savings to the tax payers. We also received a good rate at 4.99% over the life of the 20 year loan. This was a considerable savings from the monies that were programmed to be available for the next project which is middle schools. Due to the low interest rate, we saved approx. $800,000.00 over the life of the loan. The other good news financially was that the Board of Education felt very confident that they would receive an additional $3,000,000 via qualified zone bonding which would result in a savings of $900,000 over ten years. Those savings will help us to build future schools.

Commissioner Hawkins discussed briefly the School=s long term plans, stating that the amount of money that the Commissioners originally budgeted for middle school projects is probably going to be short by a considerable amount.

Facilities were discussed and Commissioner Hawkins suggested at least one more joint facilities meeting to discuss some very specific issues: utilization of the current capacities that we have in the classroom, take a close look at class size both in students and physical dimensions and see how it impacts our cost, take a look at what is a realistic goal in terms of mobile classrooms across the system, and ask the Board of Education to finalize their master facilities plan.

Chairman Moyer stated that it was important to note the very significant progress this Board has made in the past several years of starting to tackle the school facilities problem. There is still a long way to go, we still have to move into the middle schools and we=re getting more growth than was contemplated a couple of years ago but we are making substantial progress. He stated that he felt the county and the students would bear the benefits of that for a long time to come.

Resource Inventory on Health Issues

Commissioner Gordon stated that she just started meeting with the Partnership for Health. She participated in a conference phone call last week with the subcommittee for the Partnership for Health that is working on the resource inventory that the County Commissioners had requested on health services available in our community. They are making good progress with that, they have a questionnaire out to health care providers and will be pulling that data and expect to have a report to the Board of Commissioners, hopefully by mid March or at least by the end of March, prior to the budget cycle so the Board can review it. They anticipate that they will have a good inventory of the resources that are available and be able to identify gaps or possible duplications and perhaps have some suggestions for strengthening weaknesses that they see.

Citizens Information Workshop with respect to I-26

Chairman Moyer informed the Board that the NC Department of Transportation has scheduled a Citizens Informational Workshop on February 20 from 4:00 - 7:00 at the Hendersonville High School Cafeteria to discuss the proposed widening of I-26. This workshop has been scheduled so the public can learn more about the proposed highway project and interact with department representatives. The widening is scheduled from the 225 Connector over to 25, up I-26 to just past exit #6, the Skyland exit because of the bridge problems at the Blue Ridge Parkway and the bridge problem down at the Green River. This project appears to be on a fast tract. This meeting will give the citizens a chance to hear and to receive input.

IMPORTANT DATES

David Nicholson reminded the Board that if anyone is planning to attend the Land-of-Sky Legislative Breakfast on February 16, to let Mrs. Corn know so that she can make reservations.

Mr. Nicholson reminded the Board that at the last Board meeting there was some discussion about a joint meeting with the Buncombe County Board of Commissioners. He has spoken to the Buncombe County Manager and together they have come up with a tentative list of discussion items for that meeting:

1. Land for an Industrial Park, joint venture.

2. Solid Waste

3. Regional Water Agreement

4. Local Option Sales Tax\Infrastructure needs

Mr. Nicholson will place this memo on the next agenda for the Board=s consideration and selection of a proposed date for this joint meeting. He suggested some time in April.

Set Quasi-Judicial Public Hearing on a Special Use Permit Application (and Possible Variance) for Regency Development Associates, Inc., - East Flat Rock School Apartments

Mr. Rex Todd, Vice-President of Historic Properties for Regency Development Associates, Inc., had submitted two applications for Special Use Permits to allow the conversion and rehabilitation of the existing buildings at the East Flat Rock School site for use as senior citizen apartments. Karen Smith stated that based on the action the Board took earlier regarding the text amendments, Mr. Todd has decided to go forward with application #SP-01-02, requesting a Special Use Permit for the establishment of an Residential Apartment (R-A) Development under Section 200-36 of the Zoning Ordinance, as well as a variance from Section 200-40 regarding off street parking.

Commissioner Hawkins made the motion to set this public hearing for Monday, March 12, 2001, for 7:00 p.m. All voted in favor and the motion carried.

Assignment of Street Names

Mr. Nicholson requested the Board set a public hearing on some road names. Rocky Hyder informed the Board that they currently have 231 roads that they wish the Board to formally name. Staff requested a public comment session be set for 6:30 p.m. with a subsequent public hearing at 7:00 p.m. on March 12, 2001.

Following some discussion, it was decided that this should be a special called meeting and the Board will set a date for this at the next meeting, possibly March 13 or 15.

PARKS AND RECREATION=S FIVE-YEAR PLAN

Chairman Moyer had received a letter from the Chairman (Corum Smith) of the Parks & Recreation Advisory Board introducing their 5-year Master Plan. He also included their recommended policy on what to do with left over funds within their capital projects.

Mr. Smith as well as Mr. Rick Harris, Director of Parks & Recreation, presented the proposed plan to the Board and answered questions.

Staff recommended that the Board accept the policies. The listing of capital projects and associated costs will be used in the development of the Countywide Capital Improvement Program that will be presented to the Board with the proposed Fiscal Year 2001-02 Budget.

Following discussion, Chairman Moyer made the motion that the Board adopt the policies and priorities set forth in the report from the Parks & Recreation Advisory Board as a guide for the Board of Commissioners and thank the Parks & Recreation Advisory Board for their work in developing these policies and priorities. All voted in favor and the motion carried.

PUBLIC INPUT PLAN FOR GOALS

The Board reviewed the one and three year goals as developed by the Board at their January 18, 2001 Retreat. The Board had requested that staff develop a plan to seek public input on these goals and the action steps that will be necessary to carry out the goals.

Public Input Plan for Board of Commissioners Goals

The following recommendations were made in order to assure the most broad-based public input on the goals set by the Board of Commissioners. Staff recommended a deadline of March 1, 2001 for receiving input. This would allow the Commissioners to consider public input during budget deliberations.

The goal of the Public Input Plan was to make the Board of Commissioners= Goals accessible to the public and gain input/feedback on the goals themselves and the implementation of those goals. Feedback would be requested through e-mail, by phone comment line, and in writing.

Public Input Opportunities

Posting of Goals -

Library branches, in Board of Commissioners office, on bulletin board outside Administration Building

Web site -

list goals

Print advertising -

special edition of Henderson Highlights

Mail -

send goals to Chairs of Henderson County Boards and Committees

send goals to civic groups to share with members

Presentations -

presentations to business groups - for example: Chamber Business Morning Update

HCTV-11 -

video: short program highlighting goals

character generator: page on goals and input requests

In addition, press releases could be sent to the local media (newspapers, radio, and TV) with the goals and input request. As we have no control over what they choose to run/air, we would consider any coverage to be a bonus.

Following much discussion, the Board of Commissioners elected to get informal input back on the goals utilizing: web site, Henderson Highlights, and the character generator but not to go through a formal process.

It was stressed that the Board=s list of goals was meant to be a working document and have some flexibility. The Board can revise it if they find that there is something that has not been included that they wish to include.

CANE CREEK WATER & SEWER DISTRICT

Commissioner Ward made the motion for the Board to adjourn as Henderson County Board of Commissioners and convene as Cane Creek Water & Sewer District Board of Commissioners. All voted in favor and the motion carried.

Commissioner Ward made the motion for the Board to adjourn as the Cane Creek Water & Sewer District Board of Commissioners and reconvene as the Henderson County Board of Commissioners. All voted in favor and the motion carried.

MINUMUM WATER RATES

It was the recommendation of the County Attorney for the Board to take the same action, sitting as the Henderson County Board of Commissioners.

Chairman Moyer made the motion to adopt the minimum monthly rates and administrative fees as recommended by staff for the Cane Creek System. All voted in favor and the motion carried.

There being no further business, Commissioner Gordon made the motion to adjourn the meeting at approx. 10:00 p.m. All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman